Resource Center

Stay in the know with the latest news and expert insights from StartSmart Counsel. Our dedicated team of advisors regularly shares valuable updates, industry trends, and business wisdom to help you navigate the entrepreneurial journey. Explore our curated collection of news articles and blog posts to gain valuable insights and stay ahead in your startup endeavors.

The Importance of Bylaws and Operating Agreements
Liz Komatsu Liz Komatsu

The Importance of Bylaws and Operating Agreements

When launching a startup, founders often focus on product development, fundraising, and market strategy. Yet, two of the most critical internal governance documents are often overlooked: bylaws and operating agreements. These foundational legal instruments define how your company operates, resolves disputes, and makes key decisions. Understanding their purpose and structure is essential for ensuring long-term success and avoiding internal conflict.

Read More
Legal Planning for Side Hustles Turning Into Startups
Liz Komatsu Liz Komatsu

Legal Planning for Side Hustles Turning Into Startups

Many successful startups begin as side hustles—weekend projects or freelance gigs that evolve into thriving businesses. As your side hustle gains traction, transitioning into a formal business structure requires strategic legal planning. This article outlines the legal steps startup founders should take when preparing to convert a side hustle into a full-scale business, with a focus on compliance, structure, and long-term viability.

Read More
Top 10 Startup Terms Every Founder Should Know (Legally Speaking)
Liz Komatsu Liz Komatsu

Top 10 Startup Terms Every Founder Should Know (Legally Speaking)

Launching a startup involves more than innovation and market fit; it requires a strong grasp of foundational legal terms that can shape your company's future. Founders who understand key legal concepts are better equipped to protect their interests, avoid common pitfalls, and make informed decisions. This article outlines the top 10 legal terms every startup founder should know to navigate the early stages of building a business.

Read More
What to Include in Your First Client Contract?
Liz Komatsu Liz Komatsu

What to Include in Your First Client Contract?

For startups delivering services or products to clients, having a well-drafted client contract is essential. A strong contract not only outlines the terms of engagement but also protects your company from legal disputes, payment issues, and scope misunderstandings. In this article, we examine the critical provisions every startup should include in its first client contract to ensure clarity, enforceability, and legal protection.


Read More
What Is QSBS and How Can It Benefit Startup Founders?
Liz Komatsu Liz Komatsu

What Is QSBS and How Can It Benefit Startup Founders?

Qualified Small Business Stock (QSBS) is a powerful tax incentive that can offer significant savings for startup founders, investors, and employees. Established under Section 1202 of the Internal Revenue Code, the QSBS exemption encourages investments in early-stage companies by providing a substantial exclusion of capital gains from federal taxes.

Understanding how QSBS works and how it applies to your startup can help you maximize your financial benefits and plan your exit strategy effectively.

Read More
The 2025 Tariff Shake-Up: What Startups and Small Businesses Need to Know
Jennifer Newton Jennifer Newton

The 2025 Tariff Shake-Up: What Startups and Small Businesses Need to Know

For startups and small businesses, this abrupt trade shift introduces economic volatility and operational uncertainty. Unlike large corporations, emerging businesses often lack the financial reserves, diversified supply chains, or political leverage to absorb or offset such shocks. Understanding the implications of these tariffs—and responding proactively—is essential to remain competitive and compliant in a transformed global marketplace.

Read More
Build, Don’t Dilute: Legal Strategies to Scale Your Startup Without Selling Equity
Jennifer Newton Jennifer Newton

Build, Don’t Dilute: Legal Strategies to Scale Your Startup Without Selling Equity

Founders need not relinquish ownership to achieve scale. By leveraging legally sound, non-dilutive strategies, startups can maintain autonomy, attract capital, and build value over the long term. Whether through revenue-based financing, IP-centered growth models, or innovative compensation structures, there are powerful tools available that preserve both equity and control.

Read More
How to Register a Delaware C-Corp: Step-by-Step Guide
Jennifer Newton Jennifer Newton

How to Register a Delaware C-Corp: Step-by-Step Guide

Incorporating as a Delaware C Corporation (C-Corp) is the gold standard for startups seeking venture capital, stock option plans, and scalable governance. Delaware offers business-friendly laws, robust legal precedent, and a specialized Court of Chancery. This step-by-step guide outlines the key legal and administrative steps to form your Delaware C-Corp efficiently and compliantly.

Read More
Operating Agreement Essentials for Startups
Jennifer Newton Jennifer Newton

Operating Agreement Essentials for Startups

An operating agreement is one of the most critical legal documents for any startup operating as a limited liability company (LLC). While not always legally required, especially in states like Florida or California, this internal document plays a pivotal role in protecting the company’s legal standing, maintaining limited liability status, and clarifying the relationships between members and managers.

This article examines the essential components of an operating agreement, why every startup should have one, and how to tailor it to meet the specific needs of founders, investors, and key stakeholders.

Read More
How Identity-Based SMBs Can Protect Their Programs from Legal Challenges
Jennifer Newton Jennifer Newton

How Identity-Based SMBs Can Protect Their Programs from Legal Challenges

As small and medium-sized businesses (SMBs) that serve identity-based groups, your mission is likely rooted in uplifting historically disadvantaged communities. Whether you run a minority-focused nonprofit, a women’s business network, a scholarship fund, or a supplier diversity initiative, recent legal challenges—including Supreme Court rulings on affirmative action and increased scrutiny under anti-discrimination laws—highlight the need for careful program design to avoid liability.

If your business or organization offers government contracts, scholarships, or preference-based programs, it’s essential to structure them in a legally defensible way while still achieving your mission. Below are key strategies to help minimize legal risk while maintaining impact.

Read More

Book a Call Today!

Want to learn more? Schedule a consultation with one of our attorneys today.